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Madras High CourtHCP/2101/2023closed

Malini v. Superintendent Of Police

2023-11-17Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2023 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Malini W/o Sundarraj ..

Petitioner v.

1. The Superintendent of Police Perambalur District, Perambalur

2. The Sub-Inspector of Police Perambalur Police Station Perambalur ..

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the 1st and 2nd respondents to produce petitioner's daughter namely Monisha, D/o Sundarraj, aged about 23 years, or her body before this Hon'ble Court and set her at liberty forthwith.

For Petitioner ::

Mr.S.Saravana Kumar For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This petition is filed by the mother of the detenue alleging that her daughter Monisha aged 23 years, who has completed M.C.A. Degree at Dhanalakshmi Srinivasan College, is missing from 02.09.2023. After a complaint by the petitioner, the same was registered in Crime No.673 of 2023 dated 03.09.2023. The petitioner filed the above petition fearing that her daughter's life is in danger.

2. Pursuant to the direction of this Court, the detenue was produced before this Court. It is seen that the detenue has now married a boy and the marriage is also registered. In such circumstances, this Court permitted the mother to have a conversation with her daughter in the Court premises. Even after a dialogue with the petitioner-mother, the detenue has expressed her intention to go with her husband and she says that she is not in illegal detention/custody.

3. Taking note of the fact that the detenue is now married and she is comfortable with her husband in the matrimonial life, this Court finds that it is not a case of illegal detention. Hence, the habeas corpus petition is closed.

Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 17.11.2023 ss To

1. The Superintendent of Police Perambalur District, Perambalur

2. The Sub-Inspector of Police Perambalur Police Station Perambalur

3. The Public Prosecutor High Court, Madras

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

ss 17.11.2023